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e-CFR data is current as of August 7, 2020

Title 10Chapter IPart 51Subpart A → Subject Group

Title 10: Energy
Subpart A—National Environmental Policy Act—Regulations Implementing Section 102(2)

draft environmental impact statements—materials licenses

§51.80   Draft environmental impact statement—materials license.

(a) The NRC staff will either prepare a draft environmental impact statement or as provided in §51.92, a supplement to a final environmental impact statement for each type of action identified in §51.20(b) (7) through (12). Except as the context may otherwise require, procedures and measures similar to those described in §§51.70, 51.71, 51.72 and 51.73 will be followed.

(b)(1) Independent spent fuel storage installation (ISFSI). As stated in §51.23, the generic impact determinations regarding the continued storage of spent fuel in NUREG-2157 shall be deemed incorporated in the environmental impact statement.

(2) Monitored retrievable storage installation (MRS). As provided in sections 141 (c), (d), and (e) and 148 (a) and (c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA) (96 Stat. 2242, 2243, 42 U.S.C. 10161 (c), (d), (e); 101 Stat. 1330-235, 1330-236, 42 U.S.C. 10168 (a) and (c)), a draft environmental impact statement for the construction of a monitored retrievable storage installation (MRS) will not address the need for the MRS or any alternative to the design criteria for an MRS set forth in section 141(b)(1) of the NWPA (96 Stat. 2242, 42 U.S.C. 10161(b)(1)) but may consider alternative facility designs which are consistent with these design criteria.

[49 FR 34695, Aug. 31, 1984, as amended at 53 FR 31682, Aug. 19, 1988; 79 FR 56262, Sept. 19, 2014]

§51.81   Distribution of draft environmental impact statement.

Copies of the draft environmental impact statement and any supplement to the draft environmental impact statement will be distributed in accordance with the provisions of §51.74.

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